Financial Statements and Notices. Borrower will furnish to Agent and each Bank:
(i) within thirty (30) days after the close of each calendar month in each fiscal year, copies of the consolidated and, to the extent prepared, consolidating financial statements for such calendar month for Borrower and its Subsidiaries, prepared by Borrower, each to include: (A) statements of income and retained earnings (such income statements to include a comparison between projected income for each location at which Borrower and its Subsidiaries conduct business as set forth in the annual financial projections provided under CLAUSE (v) and actual performance for each location at which Borrower and its Subsidiaries conduct business); and (B) balance sheets as of the end of such monthly period, all in reasonable detail, certified by Borrower's president and chief executive officer, chief financial officer or the vice president and treasurer to present fairly the financial condition and other information reflected therein and to have been prepared in accordance with GAAP (subject to year-end audit adjustment);
(ii) within forty-five (45) days after the close of each fiscal quarter in each fiscal year, copies of the consolidated and, to the extent prepared, consolidating financial statements for such fiscal quarter for Borrower and its Subsidiaries, prepared by Borrower, each to include: (A) statements of cash flows; (B) statements of income and retained earnings; and (C) balance sheets as of the end of such quarterly period, all in reasonable detail, certified by Borrower's president and chief executive officer, chief financial officer or the vice president and treasurer to present fairly the financial condition and other information reflected therein and to have been prepared in accordance with GAAP (subject to year-end audit adjustment);
(iii) within ninety (90) days after the close of each fiscal year, a copy of the consolidated and, to the extent prepared, consolidating financial statements for Borrower and its Subsidiaries for such fiscal year, each to include: (A) statements of cash flows; (B) statements of income and retained earnings; and (C) balance sheets as of the end of such fiscal year; such financial statements to be audited by independent certified public accountant acceptable to the Required Banks, to contain the unqualified opinion of such accountants that such statements have been presented fairly in all material respects in accordance with GAAP, together with a certificate of such accounting...
Financial Statements and Notices. The Borrower shall furnish to the Lender all of the following financial statements, information and notices:
(a) The Borrower shall, within thirty (30) days after it is required to file the same with the Securities and Exchange Commission, deliver copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Securities and Exchange Commission may from time to time by rules and regulations prescribe) which the Borrower may be required to file with the Securities and Exchange Commission pursuant to section 23 or section 15(d) of the Securities Exchange Act of 1934, as amended.
(b) Promptly but in no event later than one (1) Business Day after (i) the occurrence of an Event of Default or an Incipient Default, or (ii) any default or Event of Default as defined in any evidence of Indebtedness or under any agreement, indenture or other instrument under which such evidence of Indebtedness has been issued, whether or not such Indebtedness is accelerated or such default waived, the Borrower shall notify the Lender thereof, and within five (5) calendar days after obtaining such an occurrence, a statement of a Authorized Officer setting forth details of such Event of Default or Incipient Default and the action which the Borrower proposes to take with respect thereto.
(c) As soon as practicable written notice of any actual or threatened claims, litigation, suits, investigations, proceedings or disputes against or affecting the Borrower, including, without limitation: (i) any claims, litigations, suits, investigations, proceedings or disputes involving in aggregate a monetary amount in excess of fifty thousand dollars ($50,000), whether or not covered by insurance; (ii) any labor controversy which is reasonably expected to result in a strike against the Borrower; (iii) any proposal by any Governmental Authority to acquire any of the assets or business of the Borrower; (iv) any investigation or proceeding before or by any Governmental Authority, the effect of which could reasonably be expected materially to limit, prohibit or restrict the manner in which the Borrower currently conducts its business or to declare any substance contained in the products manufactured or distributed by the Borrower to be dangerous; (v) any summons, citation, directive, notice, complaint, letter or other communication, whether oral or written, from any person concerning any alleged violation by the Borrower, or any...
Financial Statements and Notices. Borrower covenants and agrees that from and after the Closing Date it shall deliver, or cause to be delivered, to Lender:
Financial Statements and Notices. The Issuer shall deliver, or shall cause to be delivered to each holder of the Notes:
(a) Quarterly Statements - Issuer — within 60 days after the end of each quarterly fiscal period in each fiscal year of the Issuer (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(1) a balance sheet of the Issuer as at the end of such quarter, and
(2) statements of income, changes in member’s equity and cash flows of the Issuer for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer of the Issuer as fairly presenting, in all material respects, the financial position of the Issuer and its results of operations and cash flows, subject to changes resulting from normal year-end adjustments;
(b) Quarterly Statements – MGE — within 60 days after the end of each quarterly fiscal period in each fiscal year of MGE (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(1) a consolidated balance sheet of MGE and its Subsidiaries as at the end of such quarter, and
(2) consolidated statements of income, changes in shareholder’s equity and cash flows of MGE and its Subsidiaries for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from normal year-end adjustments, provided that delivery within the time period specified above of copies of the MGE’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(b);
Financial Statements and Notices. Furnish to the Administrative Agent and each Lender:
(a) as soon as available, but in any event within 90 days after the end of each fiscal year of the Borrower, a copy of the audited consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such year and the related audited consolidated statements of income and of cash flows for such year, reported on without a “going concern” or like qualification or exception, or qualification arising out of the scope of the audit, by KPMG LLP or other independent certified public accountants of nationally recognized standing;
(b) as soon as available, but in any event not later than 45 days after the end of each of the first three quarterly periods of each fiscal year of the Borrower, the unaudited consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such quarter and the related unaudited consolidated statements of income and of cash flows for such quarter and the portion of the fiscal year through the end of such quarter; All such financial statements shall be complete and correct in all material respects and shall be prepared in accordance with GAAP. Timely filing of such statements with the Securities and Exchange Commission shall constitute compliance with this Article V; provided that the Borrower agrees to provide hard copies of such statements to any Lender upon the reasonable request of such Lender made to 000 Xxxx Xxxxxx, Xxxxxxx, XX 000000, Attention of General Counsel (Telecopy No. 203-357-3490).
Financial Statements and Notices. 70 6.3 Inspection of Property Books and Records . . . . . . . . . . . . . . . . . . 73 6.4
Financial Statements and Notices. The Company shall deliver unaudited quarterly balance sheets and statements of operations and cash flows to Cendant Corporation, so long as it owns shares of Series A Preferred Stock, within a reasonable time after the end of such quarter, and in no event later than 45 days after the end of such quarter. The Company shall provide prompt notice to any holder of Series A Preferred Stock of any material event or transaction required to be disclosed by the Securities Exchange Act of 1934, as amended, and the rules and regulations thereunder.
Financial Statements and Notices. 15 6.2 Books, Records and Inspections................................................. 16 6.3
Financial Statements and Notices. Except as otherwise expressly -------------------------------- provided for herein, Borrower shall keep proper books of record and account in which full and true entries will be made of all dealings or transactions of or in relation to the business and affairs of Borrower, in accordance with GAAP consistently applied, and Borrower shall cause to be furnished to Lender:
Financial Statements and Notices. Furnish to the Administrative Agent and each Lender:
(a) as soon as available, but in any event within 90 days after the end of each fiscal year of the Borrower, a copy of the audited consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such year and the related audited consolidated statements of income and of cash flows for such year, reported on without a “going concern” or like qualification or exception, or qualification arising out of the scope of the audit, by KPMG LLP or other independent certified public accountants of nationally recognized standing;
(b) as soon as available, but in any event not later than 45 days after the end of each of the first three quarterly periods of each fiscal year of the Borrower, the unaudited consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such quarter and the related unaudited consolidated statements of income and of cash flows for such quarter and the portion of the fiscal year through the end of such quarter;
(c) concurrently with the delivery of the financial statements referred to in Sections 5.01(a) and 5.01(b), a Compliance Certificate; and
(d) reasonably promptly upon reasonable request therefor, information and documentation reasonably requested by the Administrative Agent or any Lender for purposes of compliance with applicable “know your customer” and anti-money laundering rules and regulations. All such financial statements and certificates shall be complete and correct in all material respects and shall be prepared in accordance with GAAP. Timely filing of such statements and information with the Securities and Exchange Commission shall constitute compliance with clauses (a) and (b) of this Article V; provided that the Borrower agrees to provide hard copies of such statements to any Lender upon the reasonable request of such Lender made to 000 Xxxx Xxxxxx, Xxxxxxx, XX 00000, Attention of Senior Vice President and Treasurer.
